The U.S. Supreme Court has agreed to hear a case challenging Colorado’s exclusion of Catholic preschools from its state-funded universal preschool program. The dispute centers on whether Colorado can bar religious schools from participating due to their admission policies, which prioritize families aligned with Catholic teachings on gender and sexual orientation.
Core Facts
The Archdiocese of Denver, representing 34 Catholic preschools, argues that Colorado’s nondiscrimination rules violate their religious rights under the First Amendment. The state maintains that all participating preschools, including religious ones, must comply with anti-discrimination laws to ensure equal access for all children.
Deeper Dive & Context
Legal Background
The case, St. Mary Catholic Parish v. Roy, hinges on the 1990 Supreme Court ruling Employment Division v. Smith, which held that broadly applicable laws do not require religious exemptions. The Archdiocese contends that Colorado’s rules are not uniformly applied, as the state allows exceptions for schools prioritizing children of color, low-income families, or those with disabilities.
Program Details
Colorado’s universal preschool program, established by a 2020 ballot measure, provides 15 hours of free weekly education for 4-year-olds. The program includes public, private, and faith-based providers but requires them to admit children regardless of race, religion, sexual orientation, gender identity, or disability.
Opposing Arguments
The Archdiocese asserts that its schools are extensions of the church’s ministry and must uphold Catholic doctrine. Colorado officials counter that the program’s inclusivity is essential to its mission, and religious schools must adhere to the same rules as secular providers.
Broader Implications
The case is part of a series of Supreme Court rulings favoring religious entities in disputes over state-funded programs. The court’s decision could redefine how states balance religious freedom with anti-discrimination laws, particularly in education.
Next Steps
Oral arguments are expected in the fall, with a ruling likely in 2024. The case has drawn support from the Trump administration and religious liberty advocates, while civil rights groups argue that exemptions would undermine protections for LGBTQ+ families.